HomeMy WebLinkAboutSite Access Agreement - Drewry’s Brewery Removal Storage Tanks – IN Brownfields Prog. IDEMSITE ACCESS AGREEMENT
PERMISSION TO ENTER PROPERTY
INDIANA BROWNFIELDS PROGRAM
PETROLEUM ORPHAN SITES INITIATIVE
This Site Access Agreement (“Agreement”) is made by and between Civil City of South Bend (“Owner”), the
Indiana Brownfields Program (“Program”), and (“Consultant”) regarding
the Owner’s property located at 1408 Elwood Avenue, South Bend, St. Joseph County, Indiana (“Site”), Site
Identification Number 4000022. The Program requests permission for the Consultant to enter the Site for the
exclusive purposes of conducting environmental investigation and/or remediation activities associated with
petroleum and/or hazardous substances contamination.
1.Owner hereby gives permission to the Consultant or other authorized environmental contractors, Indiana
Department of Environmental Management (“IDEM”) employees, Indiana Finance Authority (“IFA”) employees, or
other designees authorized by the Program and/or the Consultant (collectively, “Authorized Parties”) to enter upon
the Site to perform investigation and/or remediation activities at the Site. This permission is effective immediately
upon the execution of this Agreement by Owner and the Consultant and acceptance of the Agreement by the
Program.
2.The permission granted by Owner under this Agreement is contemplated to be used for the following activities
that may be performed by Authorized Parties:
a.Having access to areas where contamination may exist, including areas where underground storage tanks
(“USTs”), aboveground storage tanks (“ASTs”) or petroleum and/or hazardous substances releases are, or
are suspected to be, located;
b.Investigation and/or remediation of soil and groundwater, including, but not limited to, the installation of
soil borings, test pits and/or groundwater monitoring wells, the use of geophysical equipment, the use of
drilling equipment for collection of soil and sediment samples, the logging, gauging and sampling of
existing wells, video taping, preparation of site sketches, taking photographs, any testing or sampling of
groundwater, soil, surface water, sediments, air, soil vapor or other material deemed appropriate by the
Program and the like.
c.Removal, treatment and/or disposal of contaminated soil, water and solid and/or hazardous waste, which
may include the installation of contaminant recovery wells or other treatment systems.
d.Excavation and disposal of USTs, associated piping and system components, including tank contents.
e.On-Site observation and oversight of environmental investigation and/or remediation activities.
f.Disclosure of environmental information as required by law.
3.Upon completion of the investigation and/or remediation, Authorized Parties will restore the property as near as
practicable to its condition immediately prior to the commencement of such activities, but not including paving or
concrete replacement at ground surface.
4.In the event there is residual contamination after completion of investigation and/or remediation activities, one
or more land use restrictions (e.g., prohibiting ground water use) may be necessary to ensure safe use of the Site. If
necessary, the existing environmental restrictive covenant (ERC) recorded on the deed for the Site will be amended
by Owner to add any additional land use restrictions if such restrictions are required by the Program to achieve
closure under the IDEM Risk-based Closure Guide (July 8, 2022 and applicable revisions). The Owner is
responsible for the costs of recording a modified ERC, if necessary.
5.The granting of this permission by the Owner is not intended, nor should it be construed, as an admission of
liability on the part of the Owner or the Owner’s successors and assigns for any contamination discovered on the
Site.
The City of South Bend
6.Authorized Parties may enter the Site during normal business hours and may also make special arrangements to
enter the Site at other times after agreement from the Owner.
7.Authorized Parties shall enter upon the Site at their own risk, and Owner shall not be held responsible or liable
for injury, damage, or loss incurred by any Authorized Party arising out of or in connection with activities under this
Agreement, except to the extent that any injury is caused due to the acts of Owner, any lessee of the Site, or any
employee or agent of the Owner.
8.Neither the State nor the IFA is providing any indemnification, either jointly or severally, to the Owner, the
Consultant or its agents, assigns or designees.
9.The Program will supply to Owner all information derived from the environmental investigation or remedial
activities conducted at the Site. The Program may use such information for any purpose at the Program’s sole
discretion. The Consultant will hold in confidence all such information except as instructed by the Program and the
Owner or as required to be disclosed by law.
10.In exercising its access privileges, Authorized Parties will take reasonable steps not to interfere with the
Owner’s operations on the Site.
11.Authorized Parties will give notice to the Owner at least one (1) week in advance of the start of field activities
on the Site.
12.Owner ensures that Owner and any/all Site operators will give Authorized Parties access to the entire Site for
the purposes set forth in this Agreement.
13.Any party to this Agreement may terminate this Agreement by giving two (2) months advanced written notice,
or all parties may terminate the Agreement at any time by written agreement.
14.This Agreement shall expire upon the Program’s issuance of a No Further Action letter to the Owner indicating
completion of project activities under the POSI grant award.
15.Copies of this Agreement may be executed separately by the parties, and once executed by the parties to this
Agreement, all such copies taken together shall constitute a single contract. This Agreement may be executed in one
or more counterparts, each of which shall be deemed to be an original for all purposes.
Civil City of South Bend Witness
Site Owner
Date Date
Site Owner’s Telephone Number:
Site Owner’s Mailing Address (if other than Site address):
For the benefit of (Insert consulting firm’s name):
Consulting firm’s signature Date
Accepted by the Indiana Brownfields Program by:
Andrea Robertson Habeck Date
Technical Review Coordinator, Indiana Brownfields Program
2
December 12, 2023
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 012/1/2023
Name Joseph Molnar Department DCI
BPW Date 12/12/24 Phone Extension 6022
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name Corporation Counsel Attorney Name Sandra Kennedy
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Access Agreement Ease./Encroach
Required Information
Company or Vendor Name Indiana Brownfields Program
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Indiana Brownfields Program Access Agreement Drewrys Site
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description The Indiana Brownfields Program – within IDEM – will be assisting the
City in the cleanup of the former Drewrys Brewery, specifically the removal
of existing underground storage tanks. This agreement allows them access to
the site.
For Change Orders Only
Amount of
Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount:
New Completion Date: